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Edward L. Merrifield, Respondent, v. Jacob D. Woodruff, Appellant, 1874 — 57 N.Y. 673 · caselaw · US
Contracts · MBE-tested
Edward L. Merrifield, Respondent, v. Jacob D. Woodruff, Appellant
57 N.Y. 673·New York Commission of Appeals·1874·NY
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Opinion
Edward L. Merrifield, Respondent, v. Jacob D. Woodruff, Appellant.
(Argued January 16, 1874;
decided May term, 1874.)
This was an action to reform a contract, on the ground of mistake, and to enforce it as corrected.
The decision of the - trial court was, in effect, that a mistake was made in some of the particulars claimed by plaintiff, and enforced the contract as thus corrected. Held, that there was evidence to sustain the findings, and that defendant could not complain that plaintiff had judgment for less than what he claimed.
Henry Woodruff for the appellant.
A. R. Dyett for the respondent.
[MAJORITY — Reynolds, C.,]
Reynolds, C.,
reads for affirmance.
All concur.
Judgment affirmed.